Treason

Time of war
In collaboration with a foreign
enemy

Rebellion
Time of peace
Merely a civil uprising without
the intention of helping an
external enemy
Always involves taking up
arms against the government

Maybe committed by mere

adherence coupled with giving
aid or comfort to the enemy
Giving aid/comfort to the
Giving aid/comfort not a
enemy is a criminal act
criminal act

Treason
Espionage
Not conditioned upon the citizenship of the offender
Offending alien must be
Offending alien need not reside
residing in the Philippines
in the Philippines
Time of war
Time of peace or war
Committed only in two ways
May be committed in many
(levying war against the
ways
government and adherence to
the enemy giving them aid or
comfort)
May be committed by private
May be committed by public
persons
officers only (for par.2)

Piracy
Mutiny
Robbery without lawful
Unlawful resistance to a
authority done in the spirit and superior officer, or the raising
intention of universal hostility of commotion or disturbances
onboard a ship against the
authority of its commander
Intent to gain is an essential
No criminal intent
element
Attack from the outside.
Attack from the inside.
Offenders are strangers to the Offenders are crew/passengers
vessel
of the vessel.

Art. 123 RPC (Piracy)

Piracy is committed by any
person not a member of the
crew/passengers
Committed either in the high
seas or in Philippine waters

PD 532
Piracy is committed by ANY
person including its
complements and passengers
Committed only in Philippine
waters

Delay in Delivery
Arbitrary detention
Detention is legal in the
Detention is illegal from the
beginning but the illegality
beginning
starts from the expiration of
any of the periods specified

Entering the
Searching papers
Refusal to leave
dwelling against the without previous
after surreptitiously
will of the owner
consent
entering
Presupposes
Silence of the
Only instance
opposition.
owner may mean
where a public

implied waiver.
officer or
Against the will of
employee may
the owner is NOT
commit violation
the same as without
of domicile even if
consent.
the entrance is

only without the
*Absence of consent
consent of its
does not mean
owner. What
against the will
constitutes the
crime is the
refusal of the
offender to leave
the premises when
required to do so,
not the entrance.

Violation of domicile
Searching w/o witness
Public officer has no authority Public authority has search
to search
warrant

Search warrants maliciously

obtained
There is NO JUST CAUSE for
procuring a warrant

Interruption of
Religious Worship
Public officer
(Note: if committed
by a private person
or by a public
officer who is a
participant therein,
crime is tumults
under 153)
Religious
ceremonies are
about to take place
or are going on
Any act of
prevention/
interruption

Abuse in service of those

legally obtained
There is just cause for
procuring a warrant but public
officer exceeds his authority/
use unnecessary severity in
executing the same

Offending the
religious feelings
Public officer/
Private person

Unjust vexation

In a place of
worship
OR during the
celebration of
religious
ceremonies
Act must be
notoriously
offensive to the
feelings of the
faithful

Place is immaterial

Public
officer/private
person

A kind of coercion
short of being
notorious

Rebellion
Movement is to completely
overthrow and supersede the
government

Insurrection
Movement which seek merely
to effect some changes of
minor importance, or to
prevent the exercise of
governmental authority with
respect to particular matters

Rebellion
Subversion
Crime against public order
Crime against national security
Committed during time of
Committed during time of war
peace

Proposal to commit rebellion
Inciting to rebellion
Offender induces another to commit rebellion
The person who proposes has Offender does NOT take arms
decided to commit rebellion
or is not in open hostility
against the government
Person who proposes the
Act of inciting is done publicly
execution of the crime uses
secret means
*Rebellion shouldnt be done by those proposed to or incited.
Otherwise, the person who incited them shall be liable as
principal by inducement.

Sedition
Rebellion
There is public uprising
It is sufficient that public
There must be a taking up of
uprising is tumultuous
arms against the government
Purpose may be political or
Purpose is always political
social
Purpose is merely to attain by Purpose of uprising is against
force, intimidation or by other the government
means outside of legal
methods, to inflict an act of

hate or revenge upon the

person or property of a public
official (or a private person for
socio-political ends)
Common crimes are NOT
absorbed

Inciting to sedition/rebellion
Audience need not be incited
Person liable is only the person
who shall incite others

Illegal association
Not necessary that there be an
actual meeting
What is punished is the act of
forming and membership in an
organization
Persons liable are the
(a)founders, directors,
presidents (b)members

Common crimes are absorbed

Illegal Assembly
Audience has to be INCITED
Persons liable are the
organizers, leaders and those
merely present
Illegal Assembly
An actual meeting is needed
What is punished is the
meeting and attendance
Persons liable are the (a)
organizers, leaders and
(b)persons present at the
meeting

Direct assault

Person in
authority
Agent

Force employed
Need not be serious

Intimidation/resistance
Serious

Need not be serious

Rebellion/sedition
1st mode of direct assault
Purpose is to attain any of the purposes of rebellion/sedition
There must be public uprising NO public uprising

Direct assault
Resistance/ Serious
disobedience
Attacked while engaged in OR
Must be attacked while
by reason of his past
engaged in the ACTUAL
performance of his official
performance of his duties
duties
Committed in four ways:
Committed only by resistance
(a) making an attack
and disobedience
(b) employing force
(c) Serious intimidation
(d) Serious resistance
There is serious force
Force employed in resisting
employed in resisting the
need not be serious
officer
The offender has the intent to
There is no manifest intention
ignore, disregard or defy the
to defy the laws and officers
person in authority
enforcing it


Outcry in tumults
Inciting to rebellion/sedition
An outcry is an unconscious
There is intent behind the
outburst. The offender did not offenders words
plan for his words to induce
others to sedition/rebellion

Disturbance in tumults
The disturbance must be
intentional


Felony

Disturbance in alarms and

scandals
Disturbance not intentional

Convict by final
judgment?
NO
YES
YES

Delivery from jail

Evasion of service sentence
Evasion of service of sentence on the
occasion of disorder
Violation of conditional pardon
YES
Quasi-recidivism
YES

Violation of pardon
Evasion of service of sentence
Does not cause harm or injury Evades the penalty given by
to the right of other persons
the courts thus it disturbs
nor does it disturb public
public order
order; what is punished is the
infringement of the conditions

Quasi recidivism
Reiteracion
Offender has not begun or is
Offender shall have served out
currently serving sentence
his sentence for prior offenses

Making and uttering false coins

Former coins may be
counterfeited
Foreign coins may be
counterfeited

Forging
Committed by giving a false
document the appearance of a
true and genuine document
Public document
Principal thing punished is the
violation of public faith and
perversion of truth which the
document solemenly proclaims
Using a falsified document to
commit estafa -> complex
crime of estafa through
falsification of document

Mutilation of false coins

Legal currency only
Foreign coins not included

Falsification
Committed by erasing,
substituting, altering the
content of the instrument
Private document
Principal thing punished is the
injury/intent to injure third
parties
Cannot be complexed
because the damage
resulting from the use of the
falsified document is a
necessary element to
constitute falsification of
private document.

There is no estafa because it
cannot exist without its own
element of damage
If the falsification is done to
conceal estafa, falsification is
not punishable because there
is no injury to third party

Use in judicial proceedings

No need for intent to injure

Use of fictitious name
Must be used publicly
Purpose is any of those
enumerated
Material
Declared to
prove a fact in
an issue

Use in other proceedings

There must be intent to injure
Concealing true name
No need for publicity
Purpose is merely to conceal
identity

Relevant
Tends in any
reasonable degree to
to establish the
probability or
improbability of a fact
in issue

Par 4., Art 171 (falsehood in
narration of facts)
Statement is ABSOLUTELY
false
Narration of facts in a
document
False narration of facts may be
in ANY document
Untruthful statement weighed
w/ intention of causing injury
Legal obligation to narrate
facts

Pertinent
Concerns collateral
matters which makes
more or less probable
the proposition at
issue

Art 183 Perjury

Need not be absolutely false as
long as falsity is material to the
case
Offender falsely testifies under
oath in a proceeding other than
judicial
Limited to affidavit
Intent not an element
Affidavit is required by law